MB Civil Trial: JK/KK Contempt of Court?

[trubandloki]

@ekat

@Ambitious_Kate

So how are jk and kk to be compelled?

Originally both Jonathan and Kirby were given the choice to either produce the requested docs or sit for a deposition. The court can now order them to do either, based on Mr Silver and Mr Deininger’s motions. If they fail to obey the court order, they can be fined (more likely) or eventually arrest warrants can issue (less likely). Screw around long enough and anger the judge, Lauren’s suit could be dismissed.

How would this work if the people not cooperating were not the parents of the plaintiff?

[ekat]

@trubandloki

Mr. Silver did say it perfectly.

That does not change the fact that the whole Kanarek family appears to think that is not the case.

Perhaps they will get another clue that Mr Silver speaks the truth when the judge rules on the pending motions.

Probably they are going to need quite a few more reminders before it starts to sink in.

[Angela_Freda]

@Ambitious_Kate

I think the defence can outlast the “offense” and take their case apart piece by piece no matter how hard they try to hide the pieces. I think the defense probably has all the pieces anyway.

Exactly, just like “how do you eat a whale?”
A bite at a time, with relish similar to that expression on Bilinkis’ face during trial.

[ekat]

@trubandloki

How would this work if the people not cooperating were not the parents of the plaintiff?

The same way. Remove the familial relationships, they are still the Plaintiff’s witnesses, who seemingly possess relevant evidence to the Plaintiff’s claims, and the Plaintiff doesn’t get to say “you did me dirty, you owe me. These other people have the proof (see my interrogatories) but they’re not going to give it to you either. Just give me money.” That is, in essence, what’s happening.

[Angela_Freda]

I totally agree. I thought so the minute I read it.

[Virginia_Horse_Mom]

@ekat

Screw around long enough and anger the judge, Lauren’s suit could be dismissed

Hmmmm. Let’s pause and think about this for one minute.

What if Lauren’s entire case was dismissed before either she or RG had to sit for depositions?

What would be the repercussions for Lauren? Possibly being ordered to pay all opposing parties legal fees thus far?

Now let’s compare that risk, to all the potential risks for LK and her family if this case goes forward…

1. Lots of incredibly unflattering information exposed during the discovery process

2. More legal costs incurred continuing to pursue the case

3. Potentially having KK or JK brought into the case, and having them bear some liability…

4. IF the case goes all the way to trial, LK could be found responsible for some of the counterclaims, and perhaps the net judgement results in her owing other parties significant $$$$$

Maybe a parent who sees certain writing on the wall, but who also knows their adult child is not going to back away from the precipice… well… maybe they are inclined to engage in behavior that might get this whole case tossed sooner, rather than later?

Just a thought. But… it sounds like JK is the sort to dig in his heels and fight, no matter what, as well. Apple trees and apples, and all that.

[Angela_Freda]

@Long_Time_Lurker

So, with all this speculation about how LK ended up being represented by this particular attorney, it has occurred to me to wonder how MB found his wonderful attorneys. Does anyone know? Forgive me if this has already been covered. I have tried to keep up but haven’t read all the posts on all the threads, and may have forgotten others

My guess is he has smart, experienced clients, like Tarshis, who guided him after his first appearance with his first representative who was not so hot.

[ekat]

@Long_Time_Lurker

So, with all this speculation about how LK ended up being represented by this particular attorney, it has occurred to me to wonder how MB found his wonderful attorneys. Does anyone know? Forgive me if this has already been covered. I have tried to keep up but haven’t read all the posts on all the threads, and may have forgotten others.

You know, this is a good question. I imagine Mr Bilinkas’s reputation in that neck of the woods brought him to the attention of Michael’s team of supporters (which includes attorney Mr Tarshis) who would have been looking hard after the first attorney got canned. That first guy was so bad in that first hearing that they would have been looking very carefully for the opposite of that.

[ekat]

We had the same thought!

[Jealoushe]

In a civil case, can it be brought up that the defendant or plaintiff have other lawsuits on them currently pending?

[ekat]

@Jealoushe

In a civil case, can it be brought up that the defendant or plaintiff have other lawsuits on them currently pending?

Generally no. If someone had a history bordering on being a vexatious plaintiff, maybe. If there’s evidence that someone was planning a lawsuit before the actual date of injury, maybe.

But just general lawsuits that aren’t relevant to the case at hand, no.

[FitzE]

@trubandloki

I would assume that if they typically write this poorly that they have someone…anyone…on staff to proof their documents before they go out.
I think the person who cleans the office every evening could have proofed that document and made it better.

Wait a minute - do you think they hired the same three-proofer team used by The Maestro?!

[Sdel]

@Ambitious_Kate

I wonder if Nagel knew these deadlines had come and gone and neglected to file motions. I wonder if he audaciously encouraged (perhaps by agreeing with) the Ks to ignore these requests: “let them find the documents themselves”. I frankly can’t feature what he was thinking by letting this all happen.

I wonder if he was told they “don’t exist” like we were here by Seeker.

[Ambitious_Kate]

So kk and jk sit at home saying, one to the other, AHM not presenting anything that’s going to ruin poopsies chances, and, this has gone way too far, AHM not going to be involved anymore, if we just sit here, Mr. Judgy Pants will dismiss the case, won’t he, dear? Yes, maybe that’s for the best at this point…

But thinking ahead more than that? Dunno if they do that. There’s always MBs suit. I’d sure love it if LK had her suit dismissed, with prejudice, but not MBs part. Then. Oh. Boy.

[ekat]

All very good points to consider. Often one considers contemplating those risks and rewards before filing the suit. Now that you’re in the thick of it, it could become more sunk cost quickly.

[Virginia_Horse_Mom]

@ekat

All very good points to consider. Often one considers contemplating those risks and rewards before filing the suit. Now that you’re in the thick of it, it could become more sunk cost quickly.

Yup… most people definitely ponder the worst case scenario before starting down a legal road like this.

But… in November of 2019, I think we can all agree that the Ks thought:

1. MB would take a plea deal related to his criminal charges

Therefore…

2. It was very likely that LK could get some sort of civil suit payout/settlement from an insurer…

Now? Now the risk vs. reward calculations with respect to continuing with the lawsuits is VERY different.

Any guesses on the total legal bills LK might be stuck with if her suits were dismissed right now, with prejudice, and she was ordered to pay opposing parties’ fees?

[Ambitious_Kate]

Yes, if they thought MB was going to make a deal long ago, well never mind that, and then there would be a nice handing over of the property nevermind that, i guess, so, insurance payout, oh. Well now what?

[eggbutt]

Well, the Kanarek family also thinks the verdict means something other than the rest of the world understands.

[Ambitious_Kate]

That’s true. There’s a whole world of what KS think, outside of reality.

[ekat]

@Virginia_Horse_Mom

But… in November of 2019, I think we can all agree that the Ks thought:

1. MB would take a plea deal related to his criminal charges

Therefore…

2. It was very likely that LK could get some sort of civil suit payout/settlement from an insurer…

Now? Now the risk vs. reward calculations with respect to continuing with the lawsuits is VERY different

And…that is why I would have cautioned them to wait a bit on filing the original suit. They filed two months after the incident. The criminal proceedings were just getting started. They were working with a two-year statute of limitations. They could have waited a bit.

@Virginia_Horse_Mom

Any guesses on the total legal bills LK might be stuck with if her suits were dismissed right now, with prejudice, and she was ordered to pay opposing parties’ fees?

No idea, but I hazard a guess that the goal on the GoFundMe is a drop in the bucket of Michael’s legal fees, although it’s hard to split out criminal defense from civil trial.